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PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 6.
(MAGIA 17,1936 SAKA) -
PART 1
GOVERNMENT OF PUNJAB
015 19
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 6th February, 2015 | No.4-1.05,/2013.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 16th Day of January, 2013, is hereby published for general information:-
THE PUNJAB LAWS (SPECIAL PROVISIONS) ACT, 2014
(Punjab Act No. 4 of 2015)
AN
ACT
to make special provisions for resolving the p roblems associated with the
authorized colonies and thereby
leading to
Punjab within a period of one year ith or incidental thereto.
development of 1
infrastructure issues in the State of
and for the matters connected
therew
Whereas phenomenal increase i
n the population owing to migrati on has
n land and infrastructure in Punjab resulting in
with the master plan of cities and rty Regulations Act, 1995, in th e
put tremendous pressure o
developments which are not in
consonance
towns and the Punjab Apartme
nt and Prope
State;
Whereas the Government
h
look into the various aspects
of unaut
ive strategy to deal with
them;
o be prepare
Punjab Housing and
H
as constituted a Committe e of Experts to
horized colonies and su ggest a
comprehens
Whereas a strategy is prop osed t
State of Punjab in accordan ce with the
Urban Housing to all; Whereas action for viol Town Planning and Deve lopment AC
Property Regulations Act, 1995, is cau
loss to a large number of people; e time is requi
red for mak
horized coloni
es;
d by the Government in
the
abitat Policy for
unjab Regional and
ab Apartment and
ind irreparable
ation of the provisi
ons of the P
t, 1995 and the P
unj
sing avoidable ha
rdship ¢
ing orderly arrangem
ents for
Whereas som
solving problems of ar
eas under unaut
1
Short title and commencement, Definitions.
PUNJAB GOVT. GAZ. (EXTRA)
, FEBRUARY 6, 2015
20
(MAGHA 17, 1936 SAKA)
Whereas it is expedient to have a law to provide temporary relief to the
people of the State of Punjab against such action for a period of one year
within which various policy issues referred to above are expected to be finali zed,
And whereas the Punjab Laws (Special Provisions) Act, 2013, was enacted for a period of one year from the date of its commencement and the said period of one year has expired on the 16th April, 2014. However, a large number of applications for regularization of unauthorized colonies received by the Government could not be disposed of or finalized within the said stipulated period and the Non-Resident Indians and the persons working outside the State of Punjab including the personnels of Defence Forces and Para Military Forces who could not apply earlier for regularization of unauthorized colonies shall also get an opportunity for regularization of their plots/buildings falling in unauthorized colonies;
BE it enacted by the Legislature of the State of Punjab in the Sixty-fifth Year of the Republic of India as follows:-
1. (1) This Actmay be called the Punjab Laws (Special Provisions) Act, 2014.
(2) Itshall come into force from the date of ts publication in the Official Gazette.
(3) Itshall cease to operate on the expiry of one year f its commencement, except as respects things done or omitted t such cease, and upon such cesser section 6 0 shall apply.
2. (1
(a)
rom the date of 0 be done before f the General Clauses Act, 1897 In this Act, unless the context otherwise requires, - n " colony" means an area of land not less than one thousand square ivi 8 meters di ded or proposed to be divided into plots for eSidential, commergig] or industria] purpose; (b) "competent authority" means any person i inted under section § of thi YP SF Surly SP s Act. | (c) Governmeng" means the Go veérnment jab; (d) "master plan nt of the State of Punja
~
-
2
f f ~ il
PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 6, 2015 21
(MAGHA 17, 1936 SAKA)
> n > 11] (e) "public land" means land owned by the Central or the State Government, Boards and Corporations owned by the Central or the State Government, Public Sector Undert
constituted under any law and the loca] authorities; akings
(/) "punitive action" means action taken by the local authority or the special urban planning and development authority under the relevant law against unauthorized development and shall include demolition, displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise;
(g) "section" means a section of this Act; and
(h) "unauthorized colony" means a colony and includes 'apartment' which has been established by the person or promoter in contravention with the provisions of the Punjab Apartment and Property Regulations Act, 1995 (Punjab Act 14 of 1995).
(2) The definitions of the expressions "apartment, 'authority', 'development charges', 'development works', 'external development works',
"internal development works', 'local authority, person', 'promoter' or any other word used in this Act, but not defined shall have the respective meanings as assigned to them in the Punjab Regional and Town Planning and Development Act, 1995 and the Punjab Apartment and Property Regulations Act, 1995.
3. (I) Notwithstanding anything contained in any other State law for the time being in force inthe State of Punjab, any judgment, decree or order of any court or other authority to the contrary, any rules, regulations or Enforcement to
be kept in
abeyance.
byelaws made thereunder, the Government shall, within a period of one year from the commencement of this Act, take all possible measures to finalize norms, policy guidelines and feasible strategies to deal with the problem of
Unauthorized colonies with regard to the under-mentioned categories, namely:-
(a) land use in contravention of the Master Plan of the area
prepared under the provisions of the Punjab Regional and Town
Planning and Development Act, 1 995;
(b) laid any unauthorized colony in contravention of the prov isions
of the Punjab Apartment and Property Regulation Act, 1995 ;
3
Disposal of pending
applications. Regularization of unauthorized development. py
yi &
22 PUNJAB GOVT.
GAZ. (EXTRA), FEBRUARY
6, 2015
(MAGHA 17, 1936 SAKA)
(c) erected or re-crected unauthorized buildings in a colony In
ith the provisions of the Punjab Regional and
contravention w
Town Planning and Development Act, 1995 or the Punjab
Municipal Corporation Act, 1976 or the Punjab Municipal Act, 1911 or the Punjab Town Improvement Act, 1922 or any other law for the time being in force prior to commencement of this Act, shall be deemed to have been suspended and no further punitive action shall be taken during the aforesaid period of one year. However, after the expiry of period of one year, the prosecution proceedings shall be continued in the cases, which are pending in the competent court of law except in the cases where the offence has been compounded and plot or building, as the case may be, has been regularized by the competent authority under the aforesaid Act.
(2) All notices issued by any local authority for initiating action against the categories of unauthorized colonies referred to in sub-section (7), shall be deemed to have been suspended and no punitive action shall be taken during the said period of one year. >
(3) Notwithstanding anything contained in this Act, the Government may, at any time before the expiry of one year, withdraw the exemption by notification in the Official Gazette iftrespect of one or more of the categories of unauthorized development mentioned in sub-section (1).
4. (1) All pending applications received under the Punjab Laws (Special Provisions) Act, 2013 by the Department of Housing and Urban Development and the Department of Local Government, shall also be dealt with under this Act.
(2) Ifthereisany pendency of applications received for regularization of unauthorized colonies under this Act, the same shall be allowed to be dealt with even after expiry of period of ope year provided that no new application shall be entertained after the expiry of this Act.
5. Notwithstanding anything contained in any other State law for the time being in force and subject to payment of fee, development charges and fulfillment of terms and conditions, as may be determined in the policy to be framed by the Government under this Act, the development shall be deemed to be regularized under the provisions of the respective Act, where action has
4
( (1) and on payment of change of la nd use,
PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 6, 2015 23
(MAGHA 17,1936 SAKA)
CC —
been initiated for such violations. During the period of operation of this Act. no relief' shall be available 6. un
unauthorized development, namely:-
(a) any construction unauthorisedly started or conti nued on or after the
1st dav of April, 2013;
(bh) encroachment on public land;
(c) ared, which is notified under the Land Acqui sition Act, 1894, the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Ac , 2013, the Forest (Conservation)
Act, 1980, the Punjab Land Preservatio n Act, 1900, the Environment
(Protection) Act, 1986 and Works of De fence Act, 1903 or an area
covered under any other Central or Sta te Act; and
pe of building as may be decided by the Government.
titled to claim any benefit or relief u nless all
and the requisite fee and
ave been deposited.
(d) anyty
7. No person shall be en the terms and conditions hav e been fulfilled
development charges, as specif ied by the Government, h by notification in the Official Gaze tte, appoint
8. The Government may, all or any of the powers and o exercise and perform competent authority t authority under this Act. functions of the competent
9. (I) Anyperson i n
regularized under this Act, shal l apply in wri
permission in such form conta ining such particulars and documents and plans, as may be specified by the competent auth ority.
tending to get unauthorized c olony or apartment
ting to the competent authority for
accompanied by such
(2) On receiving applicat ion having been duly made under sub-section
development charges, li cense fee
or permission fee, social inf rastructure fund, compound ing fee, the competent authority may pass an order,- ally; or
(i) granting permis sion uncondition h conditions as it may think
(ii) granting permission s ubject to suc
necessary to impose; or
(iii) refusing permission; an d
ranted subjec
such condi
(iv) where permissio n is & t t
o the conditions or is tions, such refusal refused on the ground of imp osing
der the provisions of section 3 in respect of t he following categories of
Provisions of this
Act not to apply
in certain cases.
Entitlement of
claim.
Competent
Authority.
Powers and
functions of the
competent
authority.
5
PUNJAB GOVT. G
AZ. (EXTRA), F
EBRUARY 6, 20
15
(MAGHA 17, 1936
SAKA)
d in the order and such order
24
shall be shall be recorde communicated to the ap plicant.
ification in the Official Gazett e, appoint
to decide appeals against the
10. The Government may , by not
an officer or an authority as a ppellate authority,
orders of the competent authorit y:
Appellate
authority.
Bb
pn
. H / Provided that the Government may appoint as appellate authority more *
than one officer or authority and distr ibute the work amongst them in the manner as it may deem fit.
11. (I) Any person aggrieved by any order of th e competent authority
under this Act, may within a period of thirty days from the communication of
the order to him, prefer an appeal to an appellate authority in such fo rm and
Appeal against
the orders of the
competent
authority.
manner, as may be specified.
(2) The appellate authority may, after giving an opportunity to be heard to the parties and to the competent authority, pass such order, as it may deem fit, either confirming, modifying or setting aside the order of the competent authority, and record its reasons in writing and the order of the appellate authority shall be final.
(3) Indischarging its functions, the appellate authority shall have all the powers under the Code of Civil Pr lust ) on appeal, ocedure, 1908 of a civil court while deciding Power of
Government to
give directions.
Protection of
action taken in
good faith.
Bar of
jurisdiction of
courts.
12. The : ) Government may, from time to time, issue such directions to the competent i ; petent authority as it may deem fit, for giving effect to the provisions of this Act and it shall be the d uty of th :
such directions. 2 © competent authority to comply with
13. (1) Nosui : ) SuIt, prosecution or other legal proceedings shall lie any person for anything which i IS done | : ; pursuance of this Act or any rule or an i" S0ad inlhor inwndad to he
against
il court gp,
i pect ICtion to
. :
and disposed of by of any Matter the ¢ Sterialn any sil of any authority empo :
Ognizance of whi
regulations made thereung
which can be taken
"Cunder,
W .
ered by this Act or the rules or done in ab PD)
W
3
PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 6, 2015 25
(MAGHA 17, 1936 SAKA)
—_—
15. The Government may, by notification in the Official Gazette make power to make policy for carrying out the purposes of this Act. policy.
16. (1) The Punjab Laws (Special Provision) Ordinance, 2014 (Punjab Repeal and Ordinance No. 2 ot 2014), is hereby repealed.
saving.
- (2) Notwithstanding such repeal, anything done or any action taken _* under the Ordinance referred to in sub-section (7), shall be deemed to have been done or taken under the corresponding provisions of this Act.
H.P.S. MAHAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 697/2-2015/Pb. Govt. Press, S.A.S. Nagar
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